Caterpillar Inc v Desert Storm Management Proprietary Ltd (ACN 003 356 474) & Anor [1996] FCA 1046

Caterpillar Inc v Desert Storm Management Proprietary Ltd (ACN 003 356 474) & Anor [1996] FCA 1046

The respondent's activities in importing and selling boots bearing the Raised Sprocket Tractor logo without licence infringed copyright; promoting and selling footwear in the GAT get-up constituted passing off, misleading or deceptive conduct and false representations under the Trade Practices Act. The applicants are entitled to interlocutory judgment for damages or an account of profits, and to restraint orders and delivery up of infringing goods.

Jurisdiction
Australia
Judgment Date
20 November 1996
Procedural Posture
Intellectual Property and Trade Practices Proceeding / Final Orders After Trial With Directions for Damages/account of Profits Assessment
Outcome
Applicants succeed (relief granted on copyright infringement, passing off, misleading conduct, false representations); interlocutory judgment for damages/account of profits; specific orders made including restraint and delivery up; some costs awarded to applicants; some claims discontinued/dismissed.
Legal Topics
['copyright Infringement' 'passing Off' 'misleading or Deceptive Conduct' 'false Representation' 'damages' 'interlocutory Judgment']
['intellectual Property' 'trade Practices' 'passing Off'] ['copyright Infringement' 'passing Off' 'misleading or Deceptive Conduct' 'false Representation' 'damages' 'interlocutory Judgment']

Case Brief

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Procedural Posture

Intellectual Property and Trade Practices Proceeding / Final Orders After Trial With Directions for Damages/account of Profits Assessment

Legal Issues

  1. 1 ["Whether the respondent infringed the copyright of the first applicant's Raised Sprocket Tractor logo" 'Whether the respondent passed off its footwear as that of the applicants' 'Whether the respondent engaged in misleading or deceptive conduct and false representations under the Trade Practices Act 1974 (Cth)']

Ratio Decidendi

The respondent's activities in importing and selling boots bearing the Raised Sprocket Tractor logo without licence infringed copyright; promoting and selling footwear in the GAT get-up constituted passing off, misleading or deceptive conduct and false representations under the Trade Practices Act. The applicants are entitled to interlocutory judgment for damages or an account of profits, and to restraint orders and delivery up of infringing goods.

Court Disposition

Applicants succeed (relief granted on copyright infringement, passing off, misleading conduct, false representations); interlocutory judgment for damages/account of profits; specific orders made including restraint and delivery up; some costs awarded to applicants; some claims discontinued/dismissed.

Orders

  • ['Declaration of copyright infringement by respondent in Raised Sprocket Tractor logo.' 'Declaration of passing off and threat of passing off by respondent using GAT get-up.' 'Declaration of misleading/deceptive conduct by respondent contrary to s 52 Trade Practices Act 1974 (Cth).' 'Declaration of false...